National Parks and Wildlife Regulations (Amendment) (Cth)
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I, The Governor-General
of the Commonwealth of Australia, acting with the advice of the Federal
Executive Council, make the following Regulations under the
Dated 6 December 1994.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
JOHN FAULKNER
Minister for the Environment, Sport and Territories
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1.1 The National Parks and Wildlife Regulations are amended as set out in these Regulations.
These
Regulations commence on gazettal: see
2.1 Subregulations 3 (1), (2) and (3):
Omit the subregulations, substitute:
The following provisions of these Regulations do not apply in the township:
(a) regulation 11 (‘damaging parks or reserves’);
(b) regulation 13 (‘camping’);
(c) regulation 14 (‘camping areas’);
(d) paragraph 15 (1) (b) (‘lighting of fires’);
(e) regulation 23 (‘permit for commercial activity’);
(f) regulation 24 (‘collections’);
(g) regulation 25 (‘public gatherings’);
(h) regulation 28 (‘building and certain other works’);
(i) regulation 31 (‘access to parks or reserves may be prohibited or restricted’);
(j) regulation 32 (‘use of certain roads or tracks restricted’);
(k) regulation 33 (‘certain activities may be carried on by Aboriginals’);
(l) regulation 34 (‘Director may restrict entry to certain land’);
(m) regulation 35 (‘rights of members of Land Council’);
(n) regulation 36 (‘fishing other than commercial fishing’);
(o) regulation 38 (‘use of vessels prohibited or restricted’);
(p) regulation 40 (‘use of certain roads and tracks prohibited or restricted’);
(q) regulation 41 (‘traffic signs’);
(r) regulation 42 (‘motorists not to exceed maximum speed’);
(s) regulation 43 (‘parking’);
(t) regulation 44 (‘one way traffic’);
(u) regulation 65 (‘daily offence—parking or mooring’);
(v) Part 6 (‘parking and mooring—enforcement’).
The following provisions of these Regulations do not apply to:
(a) the Director or a ranger or warden acting in the performance of his or her duties; or
(b) an approved person;
namely:
(c) regulation 11 (‘damaging parks or reserves’);
(d) regulation 12 (‘offences relating to wildlife’);
(e) subregulation 13 (1) (‘camping’);
(f) paragraph 15 (1) (b) (‘lighting of fires’);
(g) regulation 17 (‘firearms and other weapons and similar devices’);
(h) subregulation 18 (1) (‘taking of animals into parks or reserves’);
(i) subregulation 19 (1) (‘taking of plants into parks or reserves’);
(j) regulation 28 (‘building and certain other works’);
(k) subregulation 31 (4) (‘access to parks or reserves may be prohibited or restricted’);
(l) regulation 32 (‘use of certain roads or tracks restricted’);
(m) regulation 34 (‘Director may restrict entry to certain land’);
(n) subregulation 37 (1) (‘aircraft’);
(o) subregulations 38 (4) and (5) (‘use of vessels prohibited or restricted’);
(p) regulation 39 (‘use of hovercraft prohibited or restricted’);
(q) subregulations 40 (1) and (6) (‘use of certain roads and tracks prohibited or restricted’);
(r) regulation 43 (‘parking’);
(s) Part 6 (‘parking and mooring—enforcement’).
The following provisions of these Regulations do not apply to a person in an aircraft or a hovercraft or vehicle or on a vessel, if:
(a) the Director, a ranger or warden or an approved person is in the aircraft, hovercraft or vehicle or on the vessel; and
(b) the person is assisting the Director, ranger, warden or approved person to perform his or her duties;
namely:
(c) subregulation 37 (1) (‘aircraft’);
(d) subregulations 38 (4) and (5) (‘use of vessels prohibited or restricted’);
(e) regulation 39 (‘use of hovercraft prohibited or restricted’);
(f) subregulations 40 (1) and (6) (‘use of certain roads and tracks prohibited or restricted’).”.
3.1 Paragraph 9 (1) (a):
After “the Act”, insert “, except the parking of vehicles,”.
4.1 Paragraph 22 (3) (b):
Omit the paragraph, substitute:
“(b) take reasonable steps to identify the owner of the animal and inform him or her of the impounding.”.
4.2 Subregulation 22 (7):
Omit the subregulation, substitute:
If an animal is not claimed before the end of a period of 7 days that begins:
(a) in the case of an impounded animal the owner of which is informed of the impounding—on the day on which the owner was informed; and
(b) in the case of an animal described in an advertisement mentioned in subregulation (4)—on the day on which the advertisement was published;
the Director may destroy or otherwise dispose of the animal.”.
5.1 Add at the end:
Subject to subregulations (8) and (9), a
declaration is a disallowable instrument for the purposes of section 46A of the
Paragraph 48 (1) (a) of the
Subsection 48 (2) of the
6.1 Add at the end:
Subject to subregulations (8) and (9), a
declaration is a disallowable instrument for the purposes of section 46A of the
Paragraph 48 (1) (a) of the
Subsection 48 (2) of the
7.1 Omit the heading, substitute:
“
8.1 Before regulation 65, insert in Part 6:
“64A. In this Part, unless the contrary intention appears:
“ ‘
(a) that is issued from a voucher machine; and
(b) on which the date and time of issue and expiry of the parking voucher is printed by the voucher machine;
9.1 After “these Regulations”, insert “(except subregulations 65D (1) and (2) (‘parking permits and parking vouchers’), regulation 65E (‘interference with parking permits or parking vouchers’), subregulations 65F (1) and (2) (‘abuse of voucher machines’) and regulations 65G (’unauthorised installation of voucher machines’) and 65H (unauthorised interference with voucher machines’))”.
10.1 After regulation 65, insert:
“65A. (1) The Director may issue a parking permit to a person.
A parking permit:
(a) authorises the parking of the vehicle for which it was issued in the parking area to which the permit relates; and
(b) remains in force until the end of the period specified in the permit.
A parking permit does not have effect until it is fixed to a vehicle:
(a) in the case of a vehicle that is not a motor cycle or a trailer—in accordance with subparagraph 65D (3) (a) (i); and
(b) in the case of a motor cycle or a trailer—in accordance with subparagraph 65D (3) (b) (i).
A person to whom a parking permit is issued may surrender the permit by removing it from the vehicle.
“65B. (1) The Director may authorise in writing the installation of a voucher machine in a parking area.
On payment of the determined fee, a parking voucher issued from a voucher machine authorises the parking of a vehicle in the parking area in which the voucher machine is installed.
Unless the contrary is established, a voucher machine that purports to be a voucher machine installed in a parking area with the authority of the Director is taken to have been installed in accordance with this regulation.
“65C. The Director must adjust a voucher machine so that, after payment of the determined fee by a method described on the machine, a parking voucher is issued from the machine.
“65D. (1) A person must not park a vehicle in a parking area in which a voucher machine is installed unless the parking of the vehicle is authorised by:
(a) a parking permit that is attached to the vehicle; or
(b) a parking voucher that is:
(i) issued from that machine; and
(ii) displayed on the vehicle.
Penalty: 2 penalty units.
A person must not park a vehicle in a parking area in which a voucher machine is installed after the end of the period in which the parking of the vehicle is authorised by:
(a) a parking permit that is attached to the vehicle; or
(b) a parking voucher that is:
(i) issued from that machine; and
(ii) displayed on the vehicle.
Penalty: 2 penalty units.
For the purposes of this regulation, a parking permit is taken not to be attached to a vehicle, unless:
(a) in the case of a vehicle that is not a motor cycle or trailer—the permit is so fixed to the interior of the windscreen or window of the vehicle; and
(b) in the case of a motor cycle or trailer—the permit is so fixed to the motor cycle or trailer;
that all words, figures and symbols appearing on the side of the permit showing the date and time of issue and expiry of the permit are capable of being clearly read by a person standing beside the vehicle.
For the purposes of this regulation, a parking voucher is taken not to be displayed on a vehicle, unless:
(a) in the case of a vehicle that is not a motor cycle or trailer—the voucher is so placed against the interior of the windscreen or window of the vehicle; and
(b) in the case of a motor cycle or trailer—the voucher is so displayed on the motor cycle or trailer;
that all words, figures and symbols appearing on the side of the voucher showing the date and time of issue and expiry of the voucher are capable of being clearly read by a person standing beside the vehicle.
A person is not taken to have contravened this regulation if the person:
(a) fixed a parking permit, or displayed a parking voucher, on the vehicle concerned in accordance with subregulation (3) or (4); and
(b) took reasonable steps to ensure that the permit or voucher remained fixed or displayed in accordance with that subregulation.
It is a defence to proceedings for an offence against subregulation (1) or (2) if:
(a) the defendant proves that he or she stopped the vehicle to:
(i) set down a passenger or a passenger’s luggage, or other goods; or
(ii) permit a person to enter the vehicle or load on the vehicle a person’s luggage, or other goods; and
(b) the period for which the vehicle stopped was no longer than was reasonable.
“65E. A person must not interfere with, or remove, a parking permit or a parking voucher on a vehicle that is parked in a parking area, unless:
(a) the person is the owner of the vehicle; or
(b) the person is the person:
(i) to whom the permit was issued; or
(ii) who obtained the voucher; or
(c) the permit was issued, or the voucher was obtained, on behalf of the person; or
(d) the person is acting with the authority of;
(i) the owner of the vehicle; or
(ii) the person to whom the permit was issued; or
(iii) the person who obtained the voucher.
Penalty: 2 penalty units.
“65F. (1) A person must not:
(a) operate a voucher machine except in accordance with any instructions that are shown on the machine; or
(b) insert in a voucher machine anything except a coin, or coins, of the denomination, or denominations, specified on the voucher machine; or
(c) insert a bent or damaged coin. in a voucher machine.
Penalty: 2 penalty units.
A person must not do an act that is likely to interfere with the operation of a voucher machine.
Penalty: 2 penalty units.
“65G. A person must not, except with the authority of the Director:
(a) install in or near a parking area a device that is likely to be mistaken for a voucher machine; or
(b) attach or affix anything to or place anthing on, or stand anything against, a voucher machine.
Penalty: 2 penalty units.
“65H. A person must not, except with the authority of the Director, remove, move, damage, deface, paint, obscure, write on, or otherwise interfere with, a voucher machine.
Penalty: 2 penalty units.
“
11.1 Subregulation 66 (1) (definition of “prescribed offence”):
Add at the end:
“(k) an offence against subregulation 65D (1) or (2) (‘parking permits and parking vouchers’);
(l) an offence against regulation 65E (‘interference with parking permits or parking vouchers’);
(m) an offence against subregulation 65F (1) or (2) (‘abuse of voucher machines’);
(n) an offence against regulation 65G (‘unauthorised installation of voucher machines’);
(o) an offence against regulation 65H (‘unauthorised interference with voucher machines’);”.
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1. Notified in the
Commonwealth of Australia Gazette on 13 December 1994.2. Statutory Rules 1977 No. 217 as amended by 1978 No. 166; 1979 No. 298; 1981 No. 197; 1982 No. 94; 1983 No. 135; 1985 No. 275; 1986 No. 226; 1987 Nos. 79, 139, and 254; 1988 Nos. 79, 226, 232 and 332; 1992 No. 319.
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